Landmark ruling will let spouses 'cheat' on divorce money

Spouses will no longer be allowed to use documents obtained secretly to help prove how much their partner is worth in a divorce case.

One legal expert called the ruling a 'cheats charter' that will make it easier for one partner to hide their wealth.

Property tycoons Robert and Vincent Tchenguiz failed today in a Court of Appeal battle to use information about the financial affairs of their sister's multi-millionaire husband at her divorce hearing.

They must now comply with High Court order to hand back the documents copied from a computer to Vivian Imerman.

Mr Imerman's lawyers claimed it was a 'ground-breaking' decision that will revolutionise disclosure in documents in family law cases.

Lord Neuberger, who as Master of the Rolls heads the civil appeals division, ruled that the Hildebrand rules - which in the past allowed wives and husbands to secretly obtain, copy and use documents in divorce proceedings - are unlawful.

He said: 'It follows that nothing in the so-called Hildebrand rules can be relied upon in justification of or as providing a defence to conduct which would otherwise be criminal or actionable ...'

Divorce lawyers said this will mean that in future any attempt by one side in a divorce case to take documents without permission will result in heavy costs orders or criminal proceedings.

Stuart Ruff, a solicitor at law practice Thomas Eggar, said: 'Whilst this particular case involved computer hard drives being copied without the husband's knowledge or consent, it remains to be seen how this relates to a case where a party seeks to rely on documents that were obtained having been left lying around the house for all to see.

'If this ruling means that only documents disclosed by the other party can be used this is not only very significant, but also very worrying, and could become something of a cheat's charter whereby one spouse will be selective in what they disclose.'